R.C. v K.E. [2018] IEHC 548 (05 October 2018)

R.C. v K.E. [2018] IEHC 548 (05 October 2018)

The proceedings were struck out as they constituted a breach of the in camera rule and an abuse of process, and the alleged defamatory statements were protected by absolute privilege both at common law and under statute.

Citation
[2018] IEHC 548
Parties
Plaintiff: R. C.; Defendant: K. E.
Jurisdiction
Ireland
Judgment Date
05 October 2018
Procedural Posture
Circuit Court Appeal (defamation) / Appeal From Circuit Court Order Dismissing Claim
Outcome
Appeal dismissed; Circuit Court order affirmed
Legal Topics
In Camera Rule, Absolute Privilege, Abuse of Process, Striking Out Proceedings
Family Law Defamation Civil Procedure In Camera Rule Absolute Privilege Abuse of Process Striking Out Proceedings

Case Brief

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Parties

R. C.

Plaintiff

K. E.

Defendant

Procedural Posture

Circuit Court Appeal (defamation) / Appeal From Circuit Court Order Dismissing Claim

Legal Issues

  1. 1 Whether the defamation proceedings constitute a breach of the in camera rule and an abuse of process
  2. 2 Whether the alleged defamatory statements are protected by absolute privilege

Ratio Decidendi

The proceedings were struck out as they constituted a breach of the in camera rule and an abuse of process, and the alleged defamatory statements were protected by absolute privilege both at common law and under statute.

Court Disposition

Appeal dismissed; Circuit Court order affirmed

Orders

  • Appeal dismissed
  • Order of the Circuit Court affirmed